PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY, AS ACCESSING, OR USING THE SERVICE(S) CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT ACCESS OR AVAIL THE SERVICE(S).
- “Confidentiality” shall mean information disclosed by a party to the other party under this Agreement that is either marked as confidential or would normally be considered confidential under the circumstances.
- “Intellectual Property Rights” shall mean all current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights in respect of any intellectual property.
- “Link.Store Custom Branded Link” shall mean the hyperlink, provided by Link.Store to the User, for their use in accordance with the terms of this Agreement.
- “Services” shall mean the service of provision of Link.Store Custom Branded Link, which shall re-direct anyone clicking on such Link.Store Custom Branded Link to the Eligible Storefront Pages, as set out under clause 2.
- “Service Period” shall mean a period of six (6) months from the date on which User enrols for the Services.
Link.Store shall provide User limited, revocable, non-transferable right and access, to use the Link.Store Custom Branded Link for the sole purposes of redirecting anyone clicking on it to their own storefront, as set out in Annexure A ("Eligible Storefront Pages”), free of charge, for the Service Period. The Link.Store Custom Branded Link shall only re-direct anyone clicking the Link.Store Custom Branded Link to the Eligible Storefront Page.
The User can enrol for a specific Link.Store Custom Branded Link only if they own at least one of the Eligible Storefront Pages.
Link.Store shall, in its sole discretion, assess if the requested Link.Store Custom Branded Link is available and if it can be allotted to the User for their use, in accordance with the terms of this Agreement.
At any time during or within six (6) months after the end of the Service Period, the User availing the Services under this Agreement may purchase the Link.Store Custom Branded Link, from Link.Store, for their unrestricted use, by making payment of the applicable charges/fees at the time of the actual purchase, for the plan selected. The pricing displayed at any time prior to the actual purchase of the Link.Store Custom Branded Link is only indicative and is subject to being changed, at any time, in Link.Store’s sole discretion. The User understands and agrees that Link.Store as the registrant and owner of the Link.Store Custom Branded Link and the corresponding domain name registration, may at its sole discretion, deny sale of the Link.Store Custom Branded Link to the User. On purchasing the Link.Store Custom Branded Link from Link.Store, User’s right to use the purchased Link.Store Custom Branded Link shall be governed by the terms of the relevant agreement entered into by the User, and any other relevant party (if applicable). If the User does not purchase the Link.Store Custom Branded Link within six (6) months after the end of the Service Period for any reason whatsoever, then the Link.Store Custom Branded Link, and the corresponding domain name may be released to for public registration, withheld, reserved, or sold by Link.Store, at Link.Store’s sole discretion.
The User shall use the Link.Store Custom Branded Link only in accordance and compliance with this Agreement and all applicable laws.
The User will use commercially reasonable efforts to prevent unauthorized use of the Link.Store Custom Branded Link. The User will promptly notify Link.Store of any unauthorized use of, or access to, the Link.Store Custom Branded Link of which it becomes aware, and cooperate with Link.Store and any others as directed by Link.Store, to undertake all actions necessary to end or penalize such unauthorized use.
Unless Link.Store specifically agrees in writing, the User will not, (a) sell, resell, lease, or the functional equivalent, Link.Store Custom Branded Link to a third party (unless expressly authorized in this Agreement); or (b) attempt to create a substitute or similar service through use of, or access to, Link.Store Custom Branded Link.
Illegal material is not permitted to be used on or in connection with the Link.Store Custom Branded Link or in any other manner on any of Link.Store's servers, whether this be images, film clips, other types of files or link to unlawful photos or similar material. For example, unlawful material is, but not limited to, copyright protected material or other material you are not entitled to publish or store according to applicable laws. Nor is it permitted to store erotic, pornographic or other offensive material on servers owned by Link.Store. It is entirely Link.Store 's decision to determine whether material belongs to one or more of the above categories, and Link.Store reserves the right to delete any such material at any time without notice. In the event of such material being deleted the User cannot advance any claim against Link.Store related to the deletion.
Representations and Warranties
Link.Store represents and warrants that:
(a) it is a validly incorporated business entity;
(b) it has all necessary rights, powers, and authority to execute this Agreement and perform its obligations under this Agreement; and
(c) it shall at all times and at its own expense strictly comply with all applicable laws and maintain in full force and effect all licenses, permits, and authorization from all governmental departments and agencies to the extent necessary to perform its obligations under this Agreement.
The User represents and warrants that:
(d) by entering into this Agreement, she/he/it is not violating or infringing upon or otherwise violating the rights of any third party;
(e) she/he/it will not be involved in the distribution of malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law;
(f) she/he/it will correct and update their information within seven (7) days of any change;
(g) she/he/it shall at all times and at their own expense strictly comply with all applicable laws and maintain in full force and effect all licenses, permits and authorization from all governmental departments and agencies to the extent necessary to perform her/his/their obligations under this Agreement; and
(h) she/he/it will respond promptly to any enquiries from Link.Store concerning the terms of this Agreement.
The User acknowledges that a breach of their representations and warranties will constitute a material breach of the Agreement, which will entitle Link.Store to terminate this Agreement immediately upon such breach without any liability, refund or notice to the User.
This Agreement is effective as of the date the User confirms their acceptance, through an online checkbox, “I agree” button or, any similar acceptance mode (“Acceptance Confirmation”) and shall stay in force till six (6) months after the end of the Service Period (the “Term”).
Termination/Suspension of Services
Link.Store may suspend or terminate the User Account without any liability and without any notice for any of the following reasons:
(a) Link.Store reasonably believes that the User is in violation of the Agreement;
(b) The User does not cooperate with Link.Store’s investigation of any suspected violation of the Agreement;
(c) Link.Store is required by applicable law, or a regulatory or government body to suspend/terminate the provision of Services to the User;
(d) The occurrence of any other event where Link.Store reasonably believes that the suspension/termination of the Services is necessary to protect Link.Store’s interests; or
(e) In the event Link.Store’s right to provide the Services is disabled, or adversely impacted in any manner whatsoever.
Notwithstanding anything contained in this Agreement, Link.Store shall have a right to discontinue the Services with immediate effect at any time and terminate this Agreement.
Link.Store and the User agree that they will: (a) protect the other party’s Confidential Information with the same standard of care it/he/she uses to protect it/his/her own Confidential Information; and (b) not disclose the Confidential Information to any third party. Each party is responsible for any actions of its/his/her affiliates, employees, and agents in violation of this clause.
Each party may disclose the other party’s Confidential Information when required by law but only after it, if legally permissible: (a) uses commercially reasonable efforts to notify the other party; and (b) gives the other party the chance to challenge the disclosure.
Intellectual Property Rights
Except as expressly set forth herein, this Agreement does not grant either party any Intellectual Property Rights belonging to the other party.
The User agrees and acknowledges that all rights, titles and interests in Link.Store Custom Branded Link(s) vests with Link.Store, as the registrant of the concerned Link.Store Custom Branded Link(s) and User shall have no claims or rights, of any nature whatsoever, in respect of the Link.Store Custom Branded Link, till the end of the Term or till the time User purchases the Link.Store Custom Branded Link from Link.Store, whichever occurs later.
This provision will survive the termination of this Agreement.
The User acknowledges and agrees that Services are provided/supplied by Link.Store on an ‘as is where is’ basis. Neither Link.Store nor any of its representatives has made nor will make any representation or warranty whatsoever, express, implied, or statutory, including, without limitation, any implied representations or warranties of merchantability, fitness for a particular purpose, title, enforceability, or non- infringement.
The User agrees and acknowledges that Link.Store does not make any warranty with respect to the Services barring the express warranties made by Link.Store in this Agreement.
Link.Store does not promise or undertake that Services will be uninterrupted, error-free, or completely secure. The User acknowledges that there are risks inherent in internet connectivity that could result in the loss of privacy, customer data, Confidential Information, etc., which could adversely impact the Services and User, which are not in Link.Store’s control.
Link.Store is not associated with any storefront service provider in any manner whatsoever.
In the event the Link.Store Custom Branded Link is blocked or made inaccessible in any manner, Link.Store shall not be liable for the same.
The User agrees to defend, indemnify, and hold, Link.Store and its respective directors, officers, employees, agents, affiliates, and contractors, harmless, from and against all liabilities, claims and expenses, including attorney’s fees, arising out of any third party claim relating to, or arising out of – (i) User’s use of the Link.Store Custom Branded Link; (ii) User’s violation of any of the terms of this Agreement or any of Link.Store’s policies; and (iii) User’s violation of a third-party’s Intellectual Property Rights.
This provision will survive the termination of this Agreement.
Limitation of Liability
Neither party shall be liable under this Agreement for lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, losses, or expenses, even if the party knew or should have known that such damages, losses, or expenses were possible and even if direct damages do not satisfy a remedy.
To the extent permitted by law, Link.Store’s aggregate liability for any claims arising out of or in relation to this Agreement shall not exceed an amount of USD 10.
This provision will survive the termination of this Agreement.
Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of Singapore. Link.Store and the User submit to the exclusive jurisdiction of the courts in Singapore in respect of all matters and disputes arising out of or in connection with this Agreement.
Relationship: Neither your use of the Service nor anything in this Agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Link.Store. You do not have the authority to enter into any contract, whether written or oral, on behalf of Link.Store or otherwise represent or purport to represent Link.Store in any respect.
Entire Agreement: This Agreement, along with any policies published by Link.Store in relation to Link.Store and use of the Service(s) constitute the entire understanding between Link.Store and the User and supersedes all other discussions and understanding between Link.Store and the User.
Force Majeure: Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, epidemic, pandemic, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
Notices: All notices must be in writing and addressed to the following:
To Link.Store: [email protected]
To User: At the email address provided by the User at the time of enrolling for the Services.
The notice will be deemed given – (i) when verified by written receipt if sent by personal courier, overnight courier, or when received if sent by mail without verification of receipt; or (ii) when verified by automated receipt or electronic logs if sent by facsimile or email.
Amendment: Link.Store reserves the right to amend this Agreement at any time without notice, and at its sole discretion. By accessing, or continuing to use the Services, User agrees to accept and be bound by the Agreement (as may be amended from time to time). It is your responsibility to review the terms of this Agreement periodically for any updates / changes. Please do not use the Services if you do not accept to the terms of the Agreement.
Severability: The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other clause in the Agreement and the invalid or unenforceable provision will be treated as severed from this Agreement.
Survival: The provisions which by their nature, intend to survive the termination of this Agreement, shall survive the termination of this Agreement.
Conflict: Unless otherwise provided for, in the event of any conflict between the terms of this Agreement and any other agreement executed between Link.Store and the User, the terms of this Agreement shall prevail.
Annexure A - Eligible Storefront Pages
List of storefronts: